In accordance to what has been expressed in our previous article and to build us an opinion based on proven data, we shall then proceed to examine what Shariah is, what it involves, what is its position concerning the individual freedom to consider oneself as Muslim, or mocking on what is contemplated as sacred.

The Sharia is the moral code and religious law of Islam. It deals with many topics usually addressed by secular law: crime, politics, economics, inheritance, etc. Also it includes personal matters, for example: apostasy, sexual intercourse and preferences, hygiene, diet, prayer, fasting, etc. In the majority of muslim countries it is considered the Infallible Law of God — as opposed to the human interpretation of the law (fiqh).

There are two primary sources that make up the Shariah: the precepts set forth in the Qu´ran , and the example set by the Prophet Muhammad in his Sunnahwhich is recorded in the hadiths (sayings, acts, approvals, or criticism ascribed either validly or invalidly to the Prophet). Where it has official status, the Sharia is interpreted by Islamic judges (Qadis). For questions not directly addressed in the sources already mentioned, its application is extended through a consensus of religious scholars (Ulemas) whom represent the Muslim Community (Ijma).

Apostasy is defined in the Shariah with a list of actions such as conversion to another religion, denying the existence of God, rejection of the prophets, mocking God or his prophets, worshiping idols, reject the same Shariah, or declare as permitted somebehaviorsthat are prohibitedby this law, such as fornication, adultery, homosexuality, etc. According to the majority of muslim scholars, the penalty to be paid should be death or imprisonment, unless the person repents him or herself, or it was confirmed that the accused when expressed him or herself as apostate, he or she had been suffering from mental disorder.

We present the following document issued by the Fatwa Committee at Cairo University, which is one of the highest Islamic institutions in the world, concerning the case of a particular man who had converted to Christianity: “Because that he left Islam, he will be invited to express his regret. If he does not do it, he will be killed according to the rights and obligations of Islamic law.” The Fatwa (verdict) also mentions that the same will be applied to his children after they reach adulthood:

Some scholars of Islam believe that the death penalty can only be applied when apostasy is accompanied by acts which endanger the Muslim community, rejecting the death penalty in other cases. Among the scholars who hold this opinion are: Shafaat Ahmad, Jamal Badawi, Yusuf Estes, Javed Ahmad Ghamidi, and the maliki jurist Abu al-Walidal-Baji.

However, the famous muslim indian preacher Dr. Zakir Naik believes that if an ex-muslim speaks against Islam, then that is regarded as a treason and should be punished with death in a country that is governed under the Islamic Law. He also indicated that so far he does not know any country that is governed by the Shariah 100%. Morever, in 2011 while addressing the Oxford Union, he said that death penalty is not a “standard punishment” that should be applied in case of apostasy.

The controversial Islamic theologian Yusuf al-Qaradawi, who hosts the popular TV show Shariah wal-Hayat (“The Shariah and Life”) transmitted through the tv station l Al-Jazeera, says that according to the Hadiths (sayings or actions attributed to the Prophet Muhammad) and / or fatwas (Islamic rulings) issued by former jurists, the punishment that should be applied upon apostates is death. The same view is shared by the saudi Islamic lecturer Muhammad Saalih Al-Munajid, who writes and administrates the Islamic web site http://www.islam-qa.com, considers necessary to apply the death penalty on each ex-Muslim, otherwise , that would serve as an incentive for others to search “for the truth”.